SpongeBob Goes to the Moon, Trademark Win for MakeMyTrip, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Trademark Win for MakeMyTrip
One of the largest online travel companies of India, MakeMyTrip (MMT), filed for a permanent trademark injunction to restrain MakeMyTravel from using the trademarks ‘Make My Travel’, MMT, the tagline ‘Dreams Unlimited’ and the domain www.makemytravelindia.com. MMT started using the brand name since 2000 and has presence all across India and several other countries abroad. MMT argued that owing to its widespread goodwill and reputation in its MakeMyTrip marks, the public and trade has come to associate and recognize the MakeMyTrip marks as originating from MMT and none else. Thus, any unauthorized use of the MakeMyTrip marks and/or any other deceptively similar mark would violate its statutory and common law rights. MakeMyTravel in this defence stated that MMT’s suit was not bonafide as the MakeMyTravel marks were known to MMT since 2011 and it was not objected before. The Delhi High Court hearing both the parties, opined that MakeMyTravel’s adoption of the mark is without any cogent explanation and it prima facie appears to be dishonest. The Court, therefore, granted a decree of permanent injunction in favour of MMT.
INTERNATIONAL TRADEMARK UPDATES
Kanye West’s Sunday Service Trademark Denied
It looks like Kanye West’s desire to perform Sunday Services seems to have hit a snag. The US Patent and Trademark Office (USPTO) in an initial office action, has denied registration to the mark Sunday Service. The mark has been filed by the American rapper for clothing, footwear as well as conducting entertainment services. The USPTO has rejected the application due to a likelihood of confusion, as an already similar mark exists in the Trademark Registry’s records. Sunday Service has been filed for registration by an individual named Jeff Jonas in 2014 for entertainment services. However, this is not a final denial by the USPTO as Kanye has six months’ time to respond to the objections raised.
Rise and Shine for Jenner
It is not unusual for a member of the Kardashian clan to go all out for popularity. Latest in this list is model and reality star Kylie Jenner, who is ready to capitalize on her momentary fame. The Keeping up with the Kardashians star has recently filed a trademark application for ‘Rise and Shine’ for cosmetics and apparels. The phrase became a hit after Jenner was heard on Instagram singing the song to her daughter Stormi. She has also filed an alternative term ‘Riiise and Shiiinnee’ for registration.
BRAND LICENSING UPDATES
SpongeBob Goes to the Moon
Musician Pharrell Williams owned apparel brand Billionaire Boys Club ICECREAM has partnered with SpongeBob SquarePants, Nickelodeon’s popular cartoon to launch a new apparel line. The collection is based on the cartoon’s episode Goons on the Moon and consists of t-shirts, storage crates, skate decks and pins.
New Kicks for YouTube
Kevin Durant, a National Basketball Association (NBA) star has collaborated with Nike to bring a YouTube inspired version of his signature KD 12 shoe. The shoes have some classic features of the video streaming website, which includes its iconic red colour, along with the term “Skip Ad” written on the heel and a search bar printed on the insole. The NBA star has designed the shoes to pay homage to the video sharing network.
FRANCHISING UPDATES
DIMR’s Pan India Expansion
Delhi Institute of Medical Representative (DIMR), India’s only institute providing pharma management course, is all set to expand its presence in India. DIMR is planning on launching over 100 franchises in India by 2020. DIMR is targeting to establish 300 training centers in Asia and make it an INR 500 crore company in the next five years by providing one lakh medical representatives.
DOMAIN NAME DISPUTE UPDATES
Clemson Tiger’s Roaring Win
It looks like the Clemson Tigers are having a tremendous year both on as well as off the field. In a recent case, Clemson University, a South Carolina University, has won a cybersquatting dispute for the domain name ClemsonUniversity(.)org. Clemson had filed a suit under Uniform Domain Name Dispute Resolution Policy (UDRP) against the domain name, which is owned by an individual in the name of Kanchana Wattana. The university in its complaint had stated that the domain name is identical or confusingly similar to its CLEMSON trademarks as well as its domain name clemson.edu, and is being used by Wattana in bad faith. The sole Panelist while deciding the case in favour of the University, stated that Wattana has no legitimate rights in the use of the domain name as she has no connection with the university, and Clemson’s has given no right to use its name or its trademark. Thus, the use of the domain name by Wattana is in bad faith. Further, the domain name was ordered to be transferred to Clemson University within ten days from the date of the order.
GEOGRAPHICAL INDICATION UPDATES
Chinnor Rice of MP Filed for GI
Chinnor Rice, the traditional aromatic rice variety of the Balaghat district of Madhya Pradesh is an indispensable part of any marriage celebrations and religious ceremonies. The cooked rice is sweet in taste with strong aroma and little stickiness that does not lose its softness and retain water even after 8-10 hours of cooking. Due to its pleasant aroma and sweetness, it is widely used for making Kheer in homes and in temples of Balaghat. The application was filed by Chinnor Seeds Producer Company Limited in October, 2019.
Authored and compiled by Shreya Chaddha & Uma T.S
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